MINNESOTA LIQUOR LAWS AND RULES - Pages

TABLE OF CONTENTS

MINNESOTA LIQUOR LAWS AND RULES

Manufacturing,Wh2olesale and Retail

TABLE OF CONTENTS

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CONTACT INFORMATION

This book is intended to familiarize you with the state liquor laws and rules. Current liquor laws may not be represented in this booklet as changes are made from time to time.

A complete listing of all Minnesota liquor laws and rules can be found at: revisor..

A hard copy is also available for purchase from the State of Minnesota, Department of Administration; Print Communications Division: 651-297-3000.

CONTACTS

Main Number: 651-201-7500 or dps.divisions/age

Alcohol: Retail license and identification card 651-201-7507

Alcohol: Wholesale, import and brand label information 651-201-7531

Liquor compliance and alcohol related inquires/complaints 651-201-7502

Supervises office support staff and alcohol related inquiries/complaints 651-201-7511

Mailing Address: 445 Minnesota Street | Suite 222 | St. Paul, MN 55101

TABLE OF CONTENTS

Section

Page

I. Manufacturer/Wholesaler Licenses

1

II. Brewery

1

III. Brewpub

2

IV. Distilleries

4

V. Farm Winery License

4

VI. Wholesale and Import Licenses

5

VII. Brand Registration

6

VIII. Transactions

6

IX. Retail Licenses

8

X. Off-Sale Licenses and Restrictions

8

XI. On-Sale License and Restrictions

11

XII. Additional Information for Licensees

15

XIII. Persons Under 21 -- Illegal Acts

19

NOTE: Check local ordinances, they may be more restrictive than state law.

MANUFACTURER/WHOLESALER LICENSES BREWERY

I. MANUFACTURER/WHOLESALER LICENSES

A. License required 1. Manufacture/Wholesale (340A.301 subdivision 1) No person may directly or indirectly manufacture or sell alcoholic beverages at wholesale without obtaining the appropriate license. 2. Import (340A.302) No person may import alcoholic beverages into Minnesota without obtaining an Importer's license. 3. Manufacturer's Warehouse Permit (340A.3055) No brewer, malt beverage manufacturer or intoxicating liquor manufacturer may import alcoholic beverages to a central warehouse or central distribution center or holding area in Minnesota without a manufacturer's warehouse permit.

B. Persons Eligible for License (340A.301 subdivision 2) 1. Must be of good moral character and repute, 2. 21 years of age, 3. Have no felonies or record of any alcoholic beverage violations or license revocations in the last five years, 4. May not own or have any direct or indirect interest in any alcoholic beverage retailer.

II. BREWERY

A. Brewery On-Sale Taproom (340A.26) 1. A brewer taproom license authorizes on-sale of malt liquor produced by the brewer for consumption on the premises of or adjacent to one brewery location owned by the brewer. 2. Taproom license is issued by municipality after state approved manufacturing license. 3. Brewer may also hold license to operate a restaurant at the site of the taproom. 4. A municipality may not issue a brewer taproom license to a brewer if the brewer seeking the license, or any person having an economic interest in the brewer seeking the license or exercising control over the brewer seeking the license, is a brewer that brews more than 250,000 barrels of malt liquor annually or a winery that produces more than 250,000 gallons of wine annually. 5. With additional license, Sunday on-sale is authorized. (See municipality for further restrictions)

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BREWPUB

B. Growlers (Brewer off-sale 340A.285) 1. A brewer may be issued a license by a municipality for off-sale of malt liquor that has been produced and packaged by the brewer at its licensed premises. The amount of malt liquor sold at off-sale may not exceed 500 barrels annually. a. The malt liquor shall be packed in 64-ounce containers commonly known as "growlers" or in 750 milliliter bottles. b. The containers or bottles shall bear a twist-type closure, cork, stopper, or plug. At the time of the sale, a paper or plastic adhesive band, strip, or sleeve shall be applied to the container or bottle and extended over the top of the twist-type closure, cork, stopper, or plug forming a seal that must be broken upon opening of the container or bottle. c. The adhesive band, strip, or sleeve shall bear the name and address of the brewer. The containers or bottles shall be identified as malt liquor, contain the name of the malt liquor, alcohol contain and bear the name and address of the brewer selling the malt liquor. 2. Days and hours of brewer off-sale: a. 8:00 am to 10:00 pm, all days of week b. No sales Thanksgiving, Christmas, or after 8 pm on Christmas Eve

III. BREWPUB A. Brewpubs: On-Sale License (340A.24) 1. Brewers who also hold one or more retail on-sale licenses and who manufacture fewer than 3,500 barrels of malt liquor in a year, at any one licensed premises, 2. The entire production of which is solely for consumption on tap on any licensed premises owned by the brewer or for off-sale from those licensed premises. 3. A brewer licensed under this clause must obtain a separate license for each licensed premises where the brewer brews malt liquor. 4. A brewer licensed under this clause may not be licensed as an importer under this chapter

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BREWPUB

B. Growlers (Brewer off-sale 340A.285)

1. A brewer may be issued a license by a municipality for off-sale of malt liquor that has been produced and packaged by the brewer at its licensed premises. The amount of malt liquor sold at off-sale may not exceed 500 barrels annually.

a. The malt liquor shall be packed in 64-ounce containers commonly known as "growlers" or in 750 milliliter bottles.

b. The containers or bottles shall bear a twist-type closure, cork, stopper, or plug. At the time of the sale, a paper or plastic adhesive band, strip, or sleeve shall be applied to the container or bottle and extended over the top of the twist-type closure, cork, stopper, or plug forming a seal that must be broken upon opening of the container or bottle.

c. The adhesive band, strip, or sleeve shall bear the name and address of the brewer. The containers or bottles shall be identified as malt liquor, contain the name of the malt liquor, alcohol contain and bear the name and address of the brewer selling the malt liquor.

2. Days and hours of brewer off-sale:

a. 8:00 am to 10:00 pm, all days of week

b. No sales Thanksgiving, Christmas, or after 8 pm on Christmas Eve

*A municipality may by ordinance further limit the hours of sale.

Comparison of regulations for Microbrewery license and Brewpub licenses

Microbrewery

Can self-distribute to retail with additional license

Cannot serve any other product than one produced on-site

Can have taproom adjacent to brewery with additional license

Sunday sales allowed, no restaurant requirement

Can sell off-sale growlers of product that is produced on-site; includes Sundays

Brewpub Cannot self-distribute; product can only be sold

at brewpub or restaurants under their same company

Full on-sale or Wine with Strong Beer

Restaurant is their taproom

Sunday sales allowed

Can sell off-sale growlers of products that are produced on-site; includes Sundays

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DISTILLERIES FARM WINERY LICENSE

IV. DISTILLERIES 340A.22

A. Distillery Cocktail Room 1. A distillery licensed under this chapter may provide on its premises samples of distilled spirits manufactured on its premises, in an amount not to exceed 15 milliliters per variety per person. No more than 45 milliliters may be sampled under this paragraph by any person on any day. 2. A distillery cocktail room license authorizes on-sale of distilled liquor produced by the distiller for consumption on the premises of or adjacent to one distillery location owned by the distiller. 3. Cocktail room license is issued by municipality after state approved manufacturing license. 4. Distiller may also hold license to operate a restaurant at the site of the taproom. 5. A distiller may only have one cocktail room license under this subdivision, and may not have an ownership interest in an additional distillery. 6. No single entity may hold both a cocktail room and taproom license, and a cocktail room and taproom may not be co-located. 7. Hours of sales; 8 am to 1 am Monday through Friday, Sunday with additional food requirement.

B. Distillery Off-Sale (340A.22 Sub 3) 1. A Micro distillery may be issued a license by the local licensing authority for off-sale spirits. The license allows the sale of one 375 milliliter bottle per customer per day of product manufactured on-site, subject to the following requirement: a. Off-sale hours must conform to hours of sale for retail off-sale license in the licensing municipality and b. No brand may be sold at the microdistillery unless it is also available for distribution by wholesalers

V. FARM WINERY LICENSE

A. Farm Winery Manufacturing (340A.315) 1. The commissioner may issue a farm winery license to the owner or operator of a farm winery located within the state and producing table, sparkling, or fortified wines. 2. A farm winery license must be issued for operation of a farm winery on agricultural land, operating under an agricultural classification, zone, or conditional use permit.

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